Butler v. Gazzam
Supreme Court of Alabama
Appeal from Chancery Court of Mobile county. Heard before the Hon. John A. Foster. This was a suit in equity to foreclose a mortgage, brought by Kenny L. Butler and Pierce O. Butler, administrators, &c., of Joseph O. Butler. Charles W. Gazzam, Sr., owing Joseph C. Butler seven thousand five hundred dollars, evidenced by a promissory note, executed to him as security a mortgage on certain real estate.
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Appeal from Chancery Court of Mobile county. Heard before the Hon. John A. Foster. This was a suit in equity to foreclose a mortgage, brought by Kenny L. Butler and Pierce O. Butler, administrators, &c., of Joseph O. Butler. Charles W. Gazzam, Sr., owing Joseph C. Butler seven thousand five hundred dollars, evidenced by a promissory note, executed to him as security a mortgage on certain real estate. This real estate had been previously conveyed by Charles W. Gazza m, Sr., to Charles W. Gazzam, Jr., in trust for Clementina Gazzam, wife of Gazzam, Sr., during her life, with remainder in fee to…
1Opinion of the CourtSomeryille, J.
— The Chancellor, in our judgment, correctly decided that the mortgage executed to Joseph C. Butler on June 1, 1868, by Mrs. Gazzam and her husband, in which her trustee, C. W. Gazzam, Jr., united, conveyed to the mortgagee no greater interest than the life-estate of Mrs. Gazzam in the mortgaged lands. It is very clear that the deed of the husband, Charles W. Gazzam, Sr., under which the wife held title, and bearing date in August, 1867, created in her an equitable separate estate, and one only during her natural life, with remainder to the heirs at law of the grantor. The trustee, under the…
2Cases cited5 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Fambro v. GanttSupreme Court of Alabama · 1847
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Woolfork's Adm'r v. SullivanSupreme Court of Alabama · 1853
3Cited by15 opinions
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
- National Grocery Co. v. Kotzebue Fur & Trading Co.Washington Supreme Court · 1940
- Page v. SkinnerSupreme Court of Alabama · 1929
- McIntosh v. ParkerSupreme Court of Alabama · 1886
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